giovedì 27 aprile 2017

Pleading: formal statement served by each party to a lawsuit to one another, and containing their respective positions (allegations, claims, defences, denies)

Out –of-court settlement

Binding decision

Legal fees

To settle a dispute

To reach a settlement

To enforce/deliver judgment

To save money on

To threaten to sue

To face court proceedings/litigation costs

To deny accusations

To pursue a claim

In connection with

Examples of disputes:• Dispute over people's behaviour may involve conflict between neighbours over anti-social behaviour (loud parties or verbal abuse)• Business disputes can involve different interpretation of the terms of a contract, or questions over whether a contract has been breached, and what remedies/damages are appropriate.• Planning disputes include situations where, for example, a property owner plans to construct a new building, or improve an existing building. (ie planning permissions)• Environmental disputes include disputes over resources and questions over who has the right to exploit those resources, and at what cost to the environment.

ADR: Alternative Dispute Resolution:

negotiation: participation is voluntary and there is no third party who facilitates the resolution process or imposes a resolution

arbitration:participation is typically voluntary, and there is a third party who, as a private judge, imposes a resolution. Arbitrations often occur because parties to contracts agree that any future dispute concerning the agreement will be resolved by arbitration.

mediation:there is a third party, a mediator, who facilitates the resolution process (and may even suggest a resolution, typically known as a "mediator's proposal"), but does not impose a resolution on the parties

Act of conveyance: (atto di cessione) transfer of title in land from one person to another

Goods and chattels: beni ed effettititle interest: diritto nel titolo, interest in the real propertyLease/let/rent vb. They are used interchangeably – More common:To lease/let property to somebody and rent property from somebodyLease= n. the agreementRent= n. the money to be paidinheritable = passed on to heirsReferencesBuy to let investment Real Estate in Italypros & cons of leasehold

Statute of fraudsThe statute of frauds del 1677 fu la prima legge nel sistema inglese a prevedere la forma scritta ad probationem, ossia la possibilità di far valere in giudizio un contratto che è e rimane valido di per sé. Successivamente il Law of Property Act 1925 ritenne obbligatoria la forma scritta ad probationem solo per i contratti aventi per oggetto la proprietà o altri diritti reali su beni terrieri e il Law Reform (Enforcement of Contracts) Act 1954 stabilì che detta forma fosse da ritenersi necessaria per i contratti di garanzia.[read more..]Traditionally, the statute of frauds requires a writing signed by the party against whom enforcement is sought in the following circumstances:• Contracts in consideration of marriage. • Contracts which cannot be performed within one year. • Contracts for the transfer of an interest in land. Contracts by the executor of a will to pay a debt of the estate with their own money. • Contracts for the sale of goods above a certain value. • Contracts in which one party becomes a surety (garanzia acts as guarantor) for another party's debt or other obligation.

Law students often remember these circumstances by the mnemonic "MYLEGS" (marriage, year, land, executor, goods, surety). It is important to note that in the United States, each State; in Canada, each province; and in Australia each State has its own variation on the statute of frauds, which may differ significantly from the traditional list. Self Study